Wednesday, November 21, 2012
6 Tips You Should Know on Thanksgiving Eve DUI
Have a Safe and Happy Thanksgiving! If you run into trouble in CENTRAL FLORIDA, call our good friend, Mark Longwell @ 1-800-426-5758 . His firm is there to help you!
As always, if you need need help in the SOUTHERN CALIFORNIA area...call the Law Offices of Jonathan Franklin @ (310) 273-9600 ! We have extended hours this holiday weekend...we have you covered!!!
DUI: 6 Tips You Should Know on Thanksgiving Eve
Thanksgiving eve is one of the biggest nights for drinking and driving…and the police know it. We at Longwell Lawyers want to keep your holiday merry, so we suggest you keep the following information in mind while celebrating this season:
1. Do not drink to excess and drive. When in doubt, take a taxi or have a sober friend drive. Remember, you don’t have to be “drunk” to get a DUI, only “impaired.”
2. Sleeping it off in your car can still get you arrested for a DUI. In Florida, you can be arrested if you are in “actual physical control” of a parked car while impaired by drugs or alcohol. Sitting in the driver’s seat of a parked car with the keys in the ignition, even if you are sleeping, is all it takes.
3. If you are stopped by law enforcement, remember that you don’t have to answer any questions. The cops are pros and they aren’t just making conversation with you. When they stop you and ask you where you’re coming from, they aren’t just curious. They are trying to gain incriminating information that you are coming from a bar or a club. If they ask how much you’ve had to drink, you shouldn’t lie, just don’t answer. Politely decline and ask if you are under investigation for something. If so, tell them you can’t answer without talking to a lawyer. You don’t have to answer any questions.
4. If you are asked to do field sobriety exercises, politely decline. There is no consequence to refusing to do a “walk and turn” or “finger to nose” exercise. Most people get misled into thinking that they will convince the cops not to arrest them by doing well on the test. Unfortunately, if a law enforcement officer is asking for field sobriety exercises, they are probably already thinking of arresting you. In fact, when you decline the field sobriety exercises, they’ll probably tell you if they are planning on arresting you. Doing the exercises won’t likely change their mind. Remember, the cops aren’t counting what you do well, only what you do wrong. If you aren’t athletic and practiced in the nuances of doing field sobriety exercises…this is a set-up for your arrest anyway.
5. If you are involved in a car crash, exit your vehicle as quickly as possible and remain on scene while OUTSIDE of the car. Do not give information of what happened (even if it was not your fault). Do not admit to driving or drinking. All you have to do is provide your license, registration, and proof of insurance. If you are required to answer questions as part of the CRASH INVESTIGATION only, make sure that you are only doing so for that purpose. Ask if this is a crash investigation which requires your answers. Or, is it a criminal investigation? If it is not the crash investigation, decline to answer questions and say you want to talk to your lawyer.
6. If the police read your rights to you, use them! Your rights, known as Miranda Warnings, are the police telling you that you don’t have to answer any questions; if you do answer questions – YOUR ANSWERS WILL BE USED AGAINST YOU IN COURT; and, that before you even consider answering any questions, you have the right to speak with a lawyer, even if you can’t afford one.
If your holiday celebration is spoiled by an arrest for DUI…call Longwell Lawyers. We want you to have a happy holiday and New Year, and we will work hard to keep you off Santa’s naughty list.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.